The defendant is charged [in count
__] with importing child pornography. The statute defining this offense reads
in pertinent part as follows:

a person is guilty of importing
child pornography when, with intent to promote child pornography, such person
knowingly imports or causes to be imported into the state three or more visual
depictions of child pornography of known content and character.

For you to find the defendant
guilty of this charge, the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Imported child
pornographyThe first element is that the
defendant imported child pornography or caused child pornography to be
imported into the state. To "cause to be imported" means to engage in conduct
that results in the importation of child pornography. "Into the state" means
into the state of Connecticut.

"Child
pornography" is any visual depiction, including any photograph, film,
videotape, picture or computer-generated image or picture, whether made or
produced by electronic, digital, mechanical or other means, of sexually explicit
conduct, where the production of such visual depiction involves the use of a
person under sixteen years of age engaging in sexually explicit conduct,
provided whether the subject of a visual depiction was a person under sixteen
years of age at the time the visual depiction was created is a question to be
decided by the trier of fact.

"Sexually
explicit conduct" means actual or simulated (A) sexual intercourse,
including genital-genital, oral-genital, anal-genital or oral-anal physical
contact, whether between persons of the same or opposite sex, or with an
artificial genital, (B) bestiality, (C) masturbation, (D) sadistic or
masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area
of any person.

The person depicted must be under
16 years of age; that is, (he/she) must not yet have had (his/her) sixteenth
birthday when the prohibited conduct is alleged to have taken place.

Furthermore, the state must prove
beyond a reasonable doubt that the person depicted was or is an actual, real
person. For example, a "virtual" or computer-generated image would not fall
into this category.

Element 2 - KnowinglyThe second element is that (he/she)
acted knowingly. A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.> The state must prove that the
defendant knew (he/she) was importing or causing to be imported into
Connecticut visual depictions, and that (he/she) knew the content and
character of the visual depictions, that is, that (he/she) knew they were
child pornography.

Element 3 - Number of
depictionsThe third element is that the
defendant imported or caused to be imported into the state three or more
visual depictions of child pornography. A "visual
depiction" includes undeveloped film and videotape and information of any
kind in any form, including computer software, that is capable of conversion
into a visual image and includes encrypted data. It does not matter whether
the visual depictions are different images or multiple copies of the same
image.1

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (imported child pornography /
caused child pornography to be imported) into this state, 2) (he/she) did so
knowingly, 3) it consisted of three or more visual depictions, and 4) (he/she)
did so with the specific intent to promote child pornography.

If you unanimously find that the
state has proved beyond a reasonable doubt each of the elements of the crime
of importing child pornography, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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